ᐅ Construction Defects – Damage Control?

Created on: 9 Feb 2020 20:19
L
Laurasstern
Good evening,
as the title says, our new build (shell construction) was completely botched in autumn 2018 and now needs to be repaired. In the course of this renovation, we are considering changes to the staircase (which should be carried out by a third party).

1. In June 2019, the basement was flooded with nearly 50 cm (20 inches) of groundwater in the solid concrete basement for about 2 weeks.
2. Bricks not laid according to Wienerberger guidelines (instead of thin-bed mortar, 5 mm (0.2 inches) or wider joints).
3. Flat roof was executed incorrectly – tapered insulation not installed according to the installation plan and then cut afterwards to create a slope.
4. Basement was excavated over 50 cm (20 inches) too shallow – consequence: the house is too high according to the allotment garden law and is not consolidated.

Suing the company is not an option – costs for legal proceedings would be enormous and lengthy – lasting for years – and the company could file for bankruptcy at any time. The result would be that we would still be stuck with the court costs. We have already consulted six construction law attorneys. We cannot afford to demolish and rebuild the house, although we will always be uncertain about water leakage in the basement. We live near a river, and high groundwater is a recurring issue every spring after the snow melt. We are completely desperate.

The building authority does not help: despite the clearly wrong height. According to a new submission plan by the construction company, it is supposedly approved, even though it is clearly too high (according to recent surveying by a certified surveying office). It all sounds like a bad movie, but it is true.

The defects became apparent starting in summer 2019, and since then we have had an expert involved.

Our only option is to play along and reach a consensus with the construction company. We have already paid about 250,000 EUR (approximately) for the shell construction.

The floor plan is an external dimension of 8.3 m x 6.15 m (27.2 ft x 20.2 ft).
The staircase from the ground floor to the basement is about 4 m (13 ft) long and 1.3 m (4 ft 3 in) wide, very uncomfortable concrete steps. (26 cm (10 inches) tread, 18 cm (7 inches) riser).

We are considering hiring an architect again to change the staircase to possibly a 2 x 2 m (6.5 ft x 6.5 ft) half-turn or slightly rotated. We have no joy with the whole house anymore. The stair width should also be a maximum of 90 cm (3 ft), not 130 cm (4 ft 3 in).

On one short side there is a 4 m (13 ft) kitchen and a 1.5 m (5 ft) WC. Then the dining area faces the long side and the living area is there. There would be a 3 x 2.2 m (9.8 ft x 7.2 ft) lift-and-slide door on the other short side.

In the middle of this whole mess, doubts arise about the floor plan and the staircase. We have two schoolchildren and a toddler and wanted to be living in the house since last autumn.

Sorry for the long post. I can only upload the plan next week.
Please share your opinions on changing the staircase (this would involve demolition of the existing one and widening but shortening the stairwell).
L
Laurasstern
10 Feb 2020 09:03
Yes, it is small, but we don’t have any other options because only 50 m2 (540 ft2) can be built, with a height limit of 5.5 m (18 ft).

The reason for this is property ownership.
L
Laurasstern
10 Feb 2020 09:11
snowy 36,
the problem is that the basement was not waterproofed at two floor-to-ceiling light wells – it should have been sealed twice with torch-applied membranes. The issue now is that no one can guarantee that the remediation will be 100% watertight.

We are currently submitting the amendment plan – the authority will approve it according to the construction fund. Once approved, the construction fund must carry out the remediation. Basically, the soil must be excavated again on two sides and two layers of bitumen applied and torched.
At the moment, they are willing to carry out the remediation. Some areas may also require injection. We hope the company agrees to the remediation concept; otherwise, we are stuck. The remediation is very expensive, and we still need to complete the construction for occupancy.
Pinky030110 Feb 2020 09:41
Is it allowed to live in a small garden plot in Austria?
I would appreciate it if you could share the floor plan with us. I’m also wondering how it’s possible to live on that space with three children.
Z
Zaba12
10 Feb 2020 10:02
Why didn’t you have a waterproof concrete basement built, considering the known groundwater and river issues? From what you write, the basement used for living space is made of masonry! Why?
L
Lumpi_LE
10 Feb 2020 10:07
Really awful... Don’t you have the option to just sell all that stuff again and walk away from it with a small five-figure sum?
Z
Zaba12
10 Feb 2020 10:20
I’m currently looking at a watertight concrete basement. How has the basement been constructed? It seems to be done incorrectly or something has shifted!

A colleague built a watertight basement 10 years ago and also recently has had water intrusion in the basement for the past 3 months. It’s really frustrating—you build it to be waterproof, and then something like this happens.